2013 invoicing rules: Belgian VAT authorities foresee in a transition period

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The Belgian VAT authorities published a decision on 19 December 2012 (decision ET 123.563) with respect to the 2013 invoicing rules. In particular, the decision includes a transition period of one year (2013) as regards the new rules on the tax point (i.e. when VAT becomes due and when it is deductible).

The most important element is that the VAT authorities will continue to accept advance invoices as creating the tax point (i.e. the VAT mentioned on an advance invoice will continue to be due on the basis of the date of the advance invoice and also deductible on that basis instead of linking this to the payment dates).

It is also possible to adopt a "payment request" system to postpone the payment of the VAT due.

For example:

  • The supplier sends a payment request of 121 EUR on January 20, 2013 to the customer (without mentioning VAT on the payment request);
  • The customers pays 121 EUR to the supplier on February 5, 2013;
  • The supplier issues an invoice on March 10, 2013 for 100 EUR + 21 EUR VAT

Under these circumstances, the VAT of 21% becomes due in February 2013 and should be reported in the February VAT return of the supplier (when he is filing monthly VAT returns). If the supplier would issue a VAT valid invoice in January 2013, he should report the transaction already in the January VAT return.

The decision also includes specific comments regarding the intra-Community transactions as well as other transactions subject to the reverse charge mechanism.

Click here for the Decision ET 123 563 in French or in Dutch

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